Latest - TMI e-Newsletter
New User/ Regiser
2022 (9) TMI 793 - Indian Laws
Dishonor of Cheque - discharge of legally enforceable debt or not - rebuttal of statutory presumption - failure to pay the cheque amount when demanded through legal notice and thereby committed and offence punishable u/s. 138 of the Negotiable Instruments Act - section 397 read with section 401 of the Cr.P.C. - HELD THAT:- It may be mentioned that in this case, the petitioner has not been able to demonstrate that the impugned orders suffer from any legal or factual error, or there was an abuse of the process of the Court, or that the petitioner was convicted by relying on any inadmissible evidence. Therefore, this case does not meet any of the parameters under which a concurrent finding by both the Courts below can be interfered with. Nonetheless, the merit of the case has also been examined in the process, which was to be otherwise examined only if the petitioner had filed a revision under section 397 read with section 401 of the I.P.C.
The sentence against the petitioner to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.10,00,000/- (Rupees ten lakh only) under section 357 Cr.P.C. needs no interference because the petitioner has been able to dodge paying his lawful debt for more than 11 years.
Criminal petition dismissed.